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Intellectual Property

Nov 2022

Wyoming Federal Court Applies Rogers Test and “Genuine Artistic Motive” Test

Alan Friedman and Joshua Bornstein

The case highlights the fact that a national standard as to when First Amendment interests take precedence over trademark infringement and unfair competition claims does not yet exist.

Aug 2022

Court Dismisses Trademark & Related Claims Over Product Reference in Fictional TV Show

Kelli L. Sager, Dan Laidman, and Sarah Burns

Reinforcing the strong First Amendment protections for the use of real-life products and brands in expressive works, a Los Angeles federal court rejected a trademark and trade libel suit over an episode of “Evil.”

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Jun 2022

A New World of Intangible Property: NFTs and IP Rights

Milton Springut and Stephanie M. Smith

An exploration of some of the potential intellectual property challenges, strategies, and controversies that may arise around NFTs.

May 2022

Second Circuit Affirms That Screenshot of Photograph Is Fair Use

Eleanor M. Lackman and Lindsay R. Edelstein

The court affirmed that Mic’s use of a composite screenshot from a New York Post article to report, criticize, and comment on the article, its subject, and the resulting backlash, was a fair use.

May 2022

Parody Play “Vape” Receives Positive Review From SDNY

Judith B. Bass

The Court found that Vape constituted a fair use of Grease. In addition, the Court rejected Defendants’ claim that Plaintiff had infringed on the Grease trademark in its use of the mark in the opening credits.

Apr 2022

Ninth Circuit Reaffirms CFAA Does Not Prohibit Web Scraping in hiQ v. LinkedIn  

Grayson Clary, Gillian Vernick and Gabe Rottman

The case was an important early test of Van Buren’s significance for scraping and other data journalism techniques.

Mar 2022

Ninth Circuit’s Dark Horse Opinion Clarifies What Music Is Not Protected by Copyright

Vincent H. Chieffo, Julianna M. Simon, and David H. Marenberg

After almost seven years of litigation, the Ninth Circuit vindicated Katy Perry and other co-defendants by affirming that no reasonable jury could have concluded that Perry’s hit song “Dark Horse” infringed Flame’s song “Joyful Noise” based on the similarities of two 8-note “repeating musical figures” that occur throughout both songs.

Jan 2022

Amazon, Penguin Random House, and Leading Authors Win $7.8m Judgment Against International Ebook Piracy Ring

Caesar Kalinowski IV, Liz McNamara, and John Goldmark

The Ukrainian-based operation was able to operate for years by migrating websites and falsifying domain information to continue illegally distributing thousands of ebooks.

Oct 2021

The Copyright Small Claims Court

Michael Lambert

The copyright small claims court, designed to provide copyright claimants a quicker and less expensive way to enforce their rights, will hear limited types of copyright claims, counterclaims, and defenses.

Oct 2021

Third Circuit: Section 230 Does Not Bar Pennsylvania Statutory Right of Publicity Claim Against Facebook

Dori Hanswirth, Michael E. Kientzle, and Rachel Carpman

The Third Circuit split with a leading Ninth Circuit opinion holding that internet service providers are immune from all state intellectual property law claims.